This article challenges the assumption, widespread in European constitutional discourse, that ‘national identity’ and ‘constitutional identity’ can be used interchangeably. First, this essay demonstrates that the conflation of the two terms lacks grounding in a sound theory of legal interpretation. Second, it submits that the requirements of respect for national and constitutional identity, as articulated in the EU Treaty and in the case law of certain constitutional courts, respectively, rest on different normative foundations: fundamental principles of political morality versus a (...) claim to State sovereignty. Third, it is argued that the Treaty-makers had good reasons for writing into the EU Treaty a requirement of respect for the Member States’ national identities rather than the States’ sovereignty, or their constitutional identity. (shrink)

Over the last decade, states have increasingly emphasised the importance of integration, and translated it into legal regulations that demand integration from immigrants. This paper criticises a specific aspect to this development, namely the tendency to make permanent residency dependent on language skills and, as such, seeks to raise doubts as to the moral acceptability of the requirement of linguistic integration. The paper starts by arguing that immigrants after a relatively short period of time acquire a moral claim to permanent (...) residency in their host country. Accordingly, states may not limit residency at their discretion. Nevertheless, three arguments may seem promising for defending the requirement of linguistic integration: that the immigrants’ moral claim conflicts with a stronger moral claim on the part of the larger society, and this makes an infringement of the immigrants’ claim proportionate; that language requirements may be legally demanded as a precondition for permanent residency for the immigrants’ own sake; and that language requirements are defensible, as far as immigrants may be understood to have consented to such regulation upon entry to the country. This paper argues that all three must be rejected. (shrink)

In many Western countries, the host society expects immigrants to learn the official language and often reacts in severe ways if they do not. One of the normative questions that arise in this context is whether immigrants have a moral duty to learn the host society’s language. The paper evaluates the four most promising arguments for why immigrants might have such a duty: respect towards the host society; the unavoidability of communication situations involving duties; the duty to avoid becoming reliant (...) on assistance from the welfare system; and a contract between the host society and immigrants. The paper argues that only the third and the fourth arguments support a moral obligation, and that they do so subject to several conditions and only for particular groups of immigrants. (shrink)

This article defends a republican understanding of food sovereignty, according to which food sovereignty is the freedom of people to make choices related to food production, distribution and consum...

In this article, we examine how language and linguistic membership might feature in luck egalitarianism, what a luck-egalitarian theory of linguistic justice would look like, and, finally, what the emphasis on language teaches us about the validity of standard luck-egalitarian assumptions. We show that belonging to one language group rather than another is a morally arbitrary feature and that where membership of a specific linguistic group affects individual chances, the effects of such bad brute luck ought to be neutralized on (...) the luck-egalitarian view. We assess two ways of redressing those kinds of unjustified inequalities: the ‘universal language’ option and the ‘linguistic advantages for all’ option. But we also argue, in the second part, that exploring luck egalitarianism through the lens of language exposes some difficulties intrinsic in many existent luck-egalitarian theories. We argue that treating circumstances one identifies with as choices is problematic. In addition, we argue that the linguistic preconditions of both the capacity to be responsible as well the exercise of responsibility complicate the idea of individual responsibility on which most luck-egalitarian theories rely. We conclude by suggesting the need to develop a luck-egalitarian theory of justice which is less reliant on causal features of the distinction between choice and circumstance and which is more sensitive to the idea of collective cooperation as opposed to individual responsibility. (shrink)

Is our moral cognition “colored” by the language(s) that we speak? Despite the centrality of language to political life and agency, limited attempts have been made thus far in contemporary political philosophy to consider this possibility. We therefore set out to explore the possible influence of linguistic relativity effects on political thinking in linguistically diverse societies. We begin by introducing the facts and fallacies of the “linguistic relativity” principle, and explore the various ways in which they “color,” often covertly, current (...) normative debates. To illustrate this, we focus on two key Rawlsian concepts: the original position and public reason. We then move to consider the resulting epistemic challenges and opportunities facing contemporary multilingual democratic societies in an age of increased mobility, arguing for the consequent imperative of developing political metalinguistic awareness and political extelligence among political scientists, political philosophers, and political actors alike in an irreducibly complex linguistic world. (shrink)